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HomeMy WebLinkAbout1936-11-09 122 SELECTMEN'S MEETING NOV. 9, 1936. i A regular meeting of the Board of Selectmen was held at 7:30 P. M. in the Selectmen's Room, Town Office Building. Chairman Ferguson, Messrs. Potter, Ross, Clark and Giroux were present. The Clerk Was also present. At 7:30 P. M. Miss Anna Curran of 24 Baker Avenue, her mother, Mrs. Michael T. Curran, and her attorney, Richard J. McCabe appeared before the Board to discuss Miss Currants claim for damages to her right ankle caused by an alleged defect in Oak Street. Mr. McCabe said that on March 6, 1936, Miss Curran, who was then a senior in High School, was going down the hill on Oak Street when the accident occurred. The acci- 1 dent happened near the foot of Oak Street. It was a cold, sleety morning. Mr. McCabe stated that this was a hearing requested by him with an idea of effecting some compromise of such claim as Miss Curran might have. It is the contention of Miss Curran that there was a defect in the surface of Oak St. Curran which defect caused her to fall and break a bone or bones in claim her right ankle. She spent five days in the Symmes Hospital and six weeks in bed at home. Her ankle has not yet healed so that the two are alike. The girl was attended by Dr. Wells, and McCabe stated that he would request Dr. Wells to give A _ complete report of his examination to the Town Counsel. He said that the swelling remains, and that the bones did not heal straight. The bones were not broken and reset because the physicians thought that the tendons might pull straight within a year. If they do not, the bones will have to be broken and reset with bindings. McCabe said that it was- Miss Curran' s intention to study to be a trained nurse, bn, her ankle was so bad that she had to abandon that idea. The expenses in the case run to somewhat over $300. , and 16Cabe said that he was authorized to make an offer of compromise and settle for $450. He called the Boards' s ,attention to the difference in the two ankles. He said that he sent notice under the Statute to the Town Counsel. It was his conten- tion that if he succeeded in getting the case to a juby that the damages might well run above $2,000. Mr. Clark asked what was wrong with the street, and McCabe said that there was a hole in the surface. Mr. Giroux asked if there was the on the hill, and he replied in the affirmative. Mr. Clark asked how long the hole had been in the street, and McCabe said that it had been there long enough for the Town to have made it safe for travel. Mr. Clark asked if it had been there long enough for the people who lived in the vicinity to know of the hole, and he replied in the affirmative. They retired. Mr. Potter moved that the matter be referred to the Town Counsel for further investigation with the Ton, Engineer and the Supt. of Public Works, and for recommendation. Mr. Giroux seconded the motion, and it was so voted. 123 The Clerk reported that she had had three complaints from res- idents of Revere Street on account of the odor from the Tro- peano farm. A report was received from the Health Officer to the effect that he investigated conditions on the farm to day and found a field half covered with piles consisting of manure and garbage, giving off an extremely offensive odor. In his opinion this was constituting a ,definite health menace, as it was a breeding place for carriers of disease. The Health Inspector reported that the manure was left there Sat- urday, and that it was Tropeano' s intention to plow it under today, but this was not done because they were short of help. He said that the odor was extremely bad and that there was no doubt that it was a nuisance. He said that it would constitute a health menace as it was a breeding place for flies. Mr. Wrightington said that flies would not breed at this time Complaints of year, and he did not think that the Town would get very re: far before a tribunal with the charge that this was a _ Tropeano health menace or health nuisance. He said that he thought farm that a judge would rule that Lexington was a farming town, and that the piling and spreading of manure was an accessory farm use. He thought that the only recourse that the com- plainants had was to take legal action themselves against the Tropeanos. At 8;00 P. M. hearing was declared open upon the appli- cation of Evelyn G. Broughall for permission to maintain a two car garage at 922 Mass. Ave. , Lexington. No persons appeared in favor or opposition to the application. Mr. Broughall Potter moved that the application be granted subject to the gaiage approval of the Building Inspector. Mr. Ross seconded the hearing motion, and it was so voted. Mr. R. H. Stevens appeared before the Board with re- ference to his unpaid water guaranty. He said that when he wrote the letter telling the Board that he would pay $25. per week, he thought that he would be able to clean up both his taxes and water guaranty by this time. He has paid the Town $300. since he wrote the letter in July. The increase in wages on the Lincoln Street job had increased his expen- ses by about 50O. He did not know whether it made any dif- ference if he paid the money on his taxes or on his water guaranty. He had requested Mr. Raymond to reimburse him at least one half of the increase in wages, but this was not done. He said that he would prefer to pay his taxes first, and then if there was a balance in the Lincoln Street appropri- ation the Town might reimburse him on account of the increase in wages, and he would be able to pay something on the R.H.Ste- guaranty account. The Chaifmian asked what he would be vens re: able to do on it assuming that the Town would be unable water guar to reimburse him from the Lincoln St. appropriation. He anty said that he would start paying on the bill after the first of the year. The Chairman suggested that he give the matter some thought and try to make some definite arr- angement to say the bill. Stevens said that he would like an extension of three or four weeks so that he could get his work lined up. He said that he would advise the Board after the first of December as to when he could pay the bill. Ho retired. 124 cri yc At 8;15 hearing was declared open on the adjourned meeting with regard to the application of Robert P. Merriam for a Board of Survey layout of the development of the Goodwin property. Mr. Merriam said that Mr. Kelleway had made this plan and in his opinion the layout as set forth was the best one from the point of view of the Goodwin Estate and the pro- perty owners as well. Since this plan was originally made up, he understood that the Planning Board was interested in Laying out a street from Hancock Street to Meriam Street. IIr. Merriam requested that if this layout was accepted, that the name of the street running from Edgewood Road be changed from Blake Avenue to Patriot's Drive. He made this request first because there is a Blake Road and second because the property overlooks the Common, and third because there is an historical tablet on the property. No other persons spoke in favor of the petition. Mr. Neil H. Borden of the Planning Board said that his Board was considering a road coming from an extension of Oakland Street to Hancock Street. He said that in Druselly' s ease, if the road was carried out as Merriam had it laid out, an agree- ment could be worked out whereby Druselly could get more land than he would give up. He said that it would be impossible for Merriam to develop that property on any of the B. & M. land. If the Town takes a 45 or 50 ft. strip and arranges it so that one half of it would be on the Regan and Merriam land and 1 Merriam Bd. the other half on the B. & M. land, it would be possible for of Survey Merriam to have an entrance on that end. He said that by putting it half on the B. & M. land it would protect Mrs. Regan' s land and leave it deep enough to have two good lots. If this plan is carried through it would be desirable to bring Goodwin Road down over the corner of the Regan land. The Chairman asked if this had been provided for in the layout, and Mr. Borden replied in the negative. Mr. Merriam said that he could work that location in as the Planning Board had reccommended. Mrs. Regan said that one objection to a house being built on the lot hear the proposed road was that a house would have to be erected as far away from the Calder house as possible. Mr. Downes said that he was going to petition for the abandonment of the present Board of Survey Layout of Blake Ave., and petition for the approval of the so-called "Cutter" lay- out, and until he knew how that was going to be acted on, he could not sanction "Patriot' s Drive. The hearing was declared closed at 9:10 P. M. Mr. Giroux moved that the plan of land as submitted by Robert P. Merriam of the so-called "Patriot's Drive" from Meriam Street to within 214' from the Goodwin property line be approved, subject to the approval of the Town Engineer. Mr. Clark seconded the motion, and it was so voted. At 9:00 P. M. Mr. Mitchell, Chief Sullivan, and Mr. Wag- ner of the S.P.C.C. appeared before the Board to discuss the case of Mrs. Meek and family, of Cottage Street. The Chairman suggested that the three men go over the evidence at hand and see if there was enough to justify a complaint against the woman on a charge of neglect of the children, and it was agreed to do this. 125 Mr. Joseph Trani appeared before the Board and said that he intended to remodel his store, and wanted to know if the Trani Board would have any objection if he had a window display of store liquor, with only a small amount of fruit in It. The Board told Mr. Trani that it had no objection. At 9:30 P. M. Mr. Warren Kilham appeared before the Board to discuss the matter of the General Construction Co. filing a bond to insure performance in accordance with the Board' s , Mr. it wishes with regard to the property at the corner of Adams and Kilham North Streets. Mr. Kilham said that he would submit an alter- native proposal to the Board for its consideration. Mr. Potter said that the School Board had requested the Rotary Club to collect at the football game at Parker Field Snow on Wednesday. He wondered if some snow fence might be erected fence so that admission could be charged. Mr. Ross moved that Mr. at ball Raymond be instructed to erect the snow fence at the ball field. field. Mr. Clark seconded the motion, and it was so voted. Mr. Raymond said that he wondered if the Board would re- consider applying for Chapter 90 funds on Watertown Street for 19377. He plans to take the shovel now on Lincoln Street and start work there next weeks There is $3150. provided for the work, which will do the grading and drainage work and provide for traffic light changes, and put in some new equip- ment that is needed. Mr. Raymond said that if the work was Water- done as he suggested a couple of weeks ago, that is, grading town and sub-base put in and treated with oil, that a substantial street. piece of road could be done. If this was not done, there would be a question of the legality of the taking, but this work would constitute the entry. If the work is not done, it will be necessary to lay off men in the Highway Department. Mr. Giroux moved that the Board agree to insert an article in the. warreht for the Annual Town Meeting to see if the Town will vote to appropriate $1,000 to be expended on Watertown Street in 1937 in conjunction with the State and County. Mr. Potter seconded the motion, and it was so voted. Mr. Raymond suggested that a notice be inserted in the local paper requesting that all those persons interested in petitioning for the acceptance of streets and the construction of granolithic sidewalks in 1937 have the petitions in by Notice ix January 1st if they wish to have them acted on at the March paper re: meeting. Mr. Ross moved that Mr. Raymond' s suggestion be 1937 wort approved. Mr. Giroux seconded the motion, and it was so voted. Mr. Raymond said that in view of the fact that the dept. was going to recommend the reconstruction of Eustis Street next year, he thought it would be good policy to replace the old 4" main in that street with an 8", as called for in the Metcalf & Eddy report. It would mean an extension of approx- imately 450' , and would cost approximately $2138.00. 126 c.� Mr. Raymond said that there were funds available in the Water Maintenance appropriation at the present time to do the work, and there will be a balance of about $2,000. to take care of 111 any emergency work for the balance of the year. The Chairman suggested that it would be best to talk over the matter with Eustis St. the Appropriation Committee to forestall any criticism. Mr. replacement Giroux moved that the 4" pipe in Eustis Street be replaced with an 8" pipe, the cost of the work to be charged to the Wate3r Maintenance appropriation, provided that the Appropri- ation Committee concurs with the Selectmen in the matter. Mr. Ross seconded the motion, and it was so voted. Mr. Clark wished to be recorded in opposition. Mr. Raymond said that he had an opportunity to purchase a "V" plow for the grader for $175, which cost new $275. This is a new plow, but the Austin-Weston dealer will sell it to the Town for $175. because of the business that Lexington has brought him on account of the purchase of the highway "V" Plow grader. He thought that it would be available for pushing � p g back the snow after the trucks had gone through in the heavy snow. Mr. Clark moved that the "V" plow be purchased and charged to the Snow Removal appropriation. Mr. Ross second- ed the motion, and it was so voted. Mr. Raymond said that the town had bought a couple of Sargent plows some time ago that cost $350. apiece, and that they had not been very satisfactory. He said that he had a Purchase of customer that was wi Ming to pay X225. for one of them, Baker plow. that by putting $70. with that money, he could purchase a reversible Baker plow. It will be a trade-in. Mr. Clark moved that the purchase of the reversible Baker plow and the trade-in of the Sargent plow be approved. Mr. Ross seconded the motion, and it was so voted. Mr. Raymond said that the Town had an opportunity to purchase some snow fence for 11j a foot, and he recommended Purchase of the purchase of 1,000 feet of it. Mr.: Rosa mbvedthat the snow fence. purchase of 1,000 feet of snow fence at 11per foot be approved. Mr. Potter seconded the motion, and it was so voted. Mr. Raymond reported that the topo survey was going to have an interruption because the supplement had not gone through. He wanted to know If the Board would approve carrying Leigh Farnham on the Town payroll for three days a week Employment at the rate of $6.00 per day until the supplement oame of Leigh through. He said that there were funds available in the - Farnham Engineering appropriation to pay this. Mr. Giroux moved that Farnham be employed by the Town an additional three days a week at $6.00 per day until the supplementary pro- ject was approved. Mr. Potter seconded the motion, and it was so voted. Mr. Raymond asked if the Board would approve increas- Rates for ing the. rates of pay for truck and shovel operators to corn- rental of ply with the requirements of the State and County, when the equipment Watertown. Street job came through. The Town is now paying $5.00 perAlnur.for the shovel, and $2.75 per hour for the trucks. 127 R. H. Stevens has to pay $11.00 extra per day for his shovel operator, and if the Town would pay him $5. '0 per hour for the rental, it would make up one half of the extra cost. He is satisfied with the rate of $2.75 per hour for his trucks. Mr. Ross moved tha.tR. H. Stevens be paid $5.70 per hour for the use of hie shovel while it is working on the Watertown Street job. Mr. Potter seconded the motion, and it was so voted, Mr. Raymond discussed with the Board the matter of the Agreement made by Harry Johnson with the Town. The agree- ment sets forth certain things which Johnson is to do, among them is one that he will spread 85% road oil on the roads and cover them with pea stone, and Mr. Paxton reports that this Johnson has not been done. Nothing at all has been done on Cherry agreement Street. The Chairman requested Mr. Raymond to make a written report on the matter. Mr. Giroux reported that the Minute Men's Sportman' s Club would like permission to erect a sign near the corner of Wood Street on Mass. Ave. The Clerk was instructed to request a Sign sketch of the proposed sign and information as to the exact location. Mr. Giroux stated that Mrs. Irving Pierce wanted to know if the Board would work out some method whereby small signs could be- erected near the sidewalk in front of the Cary Me- morial Building for the purpose of advertising events such front of as fairs, etc . , going on in the hall. Mr. Raymond was in- Cary Bldg. strutted to look, over the will and see if there was anything pertaining to signs in it. Request was received from the V. F. W. for use of the Cary Memorial Hall on Monday evening, November 16th, for the installation of officers. Mr. Clark moved that the use of Y.F.W. use the hall be granted free of charge. Mr. Ross seconded the of Cary motion, and it was so voted. Hall. The Board discussed the matter of carrying fire and theft insurance on fire department apparatus. Mr. Clark moved that no fire & theft insurance be carried on the fire Fire Dept. department apparatus. Mr. Ross seconded the motion, and it insurance was so voted. Letter was received from the Town Treasurer advising that on November 2, 1936 a release was completed by Mary M. King of 230 Lincoln Street, whereby check for $5.59 was de- King claim livered to her, settling her claim against the Town. Letter was received from the Town Clerk to which was attached approvals of the Attorney General. of Articles 29, 30, 31, and 32 as voted at the Town Meeting held March 23, Approval 1936. Approval of Article 6 as voted at the special Town of amend- Meeting held September 21, 1936 was also attached. menta. 128 m Letter was received from the Town Clerk to which web attach- ed letter from Gilmour, Rothery & Co. asking what part of the work on the Johnson development remained uncompleted. The letter stated that Johnson had taken the stand that he had Gilmour, completed all work called for by his agreement, and that Rothery re: there was no reason why the Town should not release his Johnson bond. No action was taken an the matter pending receipt bond. of Mr. Raymond' s written report. Letter Wes received from the Town Clerk to which were attached writs for the drawings of two jurors , one for civil business second session at Cambridge on November 16th and one for third session at Cambridge on November 16th. Mr. Frank S. Early, Salesman, of 18 Butler Avenue was the Jurors juror drawn for the second session, and Ashley W. Partridge, Ice Cream business, of 274 Marrett:Road, was the juror drawn for the third session. Letter was received from the Town Clerk to which was attached certificate for endorsement of the two represen- Endorse- tatives in the General Court who were elected on November ment of 3rd, The certificate was signed by the Board. Represen- tatives Letter was received from the Town Clerk advising of the appointment of the following committees by the Town Moderator: Vine Brook Drainage: William H. Ballard, Committees Edwin B. Worthen, J. Henry Duffy, Roy H. Ferguson, and Robert H. Eldridge; Cary Lectures for 1936: Philip M. Clark, Mrs . Hugh D. McLellan, and Robert H. Holt. Letter was received from the Town Counsel advising Settlement that he had settled the claim of Mrs. Gertrude White of White against the Town for $20.00, and had obtained a release claim from the woman. Petition was received from the N. E. Tel. Co. for permission to abandon and remove one pole on Waltham Abandon- St. on the northwesterly side, approximately 72 feet ment of southwesterly from Mass . Ave. Mr. Clark moved that the pole order of abandonment be adopted. Mr. Ross seconded the motion, and it was so voted. Complaint Letter was received from Mr. P. J. Neary of Bennett re: Ave.,complaining of the condition and narrowness of Oak Oak Street Street . No action was taken on the matter. Letter was received from Henry Brask of 9 Robbins Road stating that at the request of the owners of the property on Robbins Road, he wished to petition for the Request for acceptanceacceptance and construction of the street. The Chairman of Robbinspetition informed the Board that Mr. Brack had been furnished a Road. petition for the acceptance of the Street, which he was having signed. Letter was received from Louis A. Simon of the Treasury Department acknowledging receipt of the photo- Post office graphs of the Town Office and Cary Memorial Buildings, also the plan of same and the Harrington property. Mr. Simon stated that a photograph of the design drawing 129 would be forwarded to Mrs. Edith Nourse Rogers. Mr. Potter suggested that Mrs. Rogers be advised of the correspondence on the matter. Letter was received from Hubert D. Broderic thanking the Board for the consideration given him in the renewal of Fire Insurance during the past year and asking for consideration if any changes were to be made in the placing of existing insurance. No action was taken on the letter. Insurance Mr. Giroux moved that all those that are participating in Town Insurance at the present time be invited to confer with the Selectmen as to the best method of handling the Town' s insurance. The motion was not seconded. Letter was received from Harry E. Johnson requesting that the Town release the contract bond signed by him. Johnson stated that the work had been completed to the satisfaction of the Town Engineer. Mr. Johnson stated that he felt that Letter street lights and mail boxes should be erected on the streets from Harry in his development . He also requested that the Town give him Johnson, good service on the installation of water and sewer. In view re: bond of the report of the Supt.of Public Works on the matter, it was voted to instruct Johnson that the work had not been completed in accordance with the agreement, and that he would have to make formal petition for the installation of street lights, water and sewer. The meeting adjourned at 11:30 P. M. A true record, Attest: Clerk I